MUHAMMAD BIFIN Vs. UNIVERSITY OF CALICUT AND ORS.

JUDGEMENT

(1.) THE petitioner, it has to be stated to his credit, has been consistently before this Court claiming equity on one ground or another. However, the petitioner has failed to qualify in the examinations in the course to which he has been admitted; that too an irregular admission.

(2.) THE petitioner, along with some other persons, were admitted in the NRI quota to the 3rd respondent College. Admittedly, the petitioner did not have the minimum required eligibility to be admitted to the professional course of Engineering. Though the petitioner, along with some others, was permitted to appear in the Ist and IInd semesters, University withheld the results having found out the irregularity in admission. After litigation before this Court, the University permitted them to continue on condition that, they would qualify in the 'Mathematics' paper of the combined Ist and IInd semesters, before they are permitted to register for the Vth semester examinations. This condition was specified only since a mere registration in a semester examination would entitle a student to be participated in the next higher semester classes.

(3.) THE petitioner hence appeared for the supplementary examinations and was before this Court seeking registration in the Vth semester examinations on the ground that, the results of the supplementary examinations were not published. The said prayer was allowed by Ext. P6 making it clear that the registration would be provisional and subject to the result of the publication of results of the supplementary examinations. Though such a provisional order for participation was granted, the learned Standing Counsel submits that even before the Vth semester examinations were scheduled, results of the supplementary examinations were published and the petitioner was found to have failed in the 'Mathematics' paper. Hence, Ext. P6 judgment was of no consequence and registration was declined to the petitioner for the Vth semester examinations.